SUMIT KUMAR PANDEY AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 15948 of 2026

Sumit Kumar Pandey And 2 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                        :   Rajnish Dubey
Counsel for Opposite Party(s)                   :   G.A.

Court No. - 82
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the material brought on record.

2. This application under Section 528 BNSS has been filed for quashing
of summoning order dated 12.11.2019 as well as entire proceeding of
Complaint Case No. 40 of 2019 (Girish Prasad Mishra Vs. Sumit Kumar
Pandey and others), under Sections 323, 504, 395 I.P.C., Police Station
Vindhyachal, District Mirzapur, pending in the court of learned
Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.
2, Mirzapur. Further prayer has been made to quash the order dated
11.11.2025 passed by learned Additional District and Sessions Judge,
Court No. 3, Mirzapur in Criminal Revision No. 12 of 2020 (Nand Kumar
@ Nand Mohan Mishra and others Vs. State of U.P. and others), whereby
revision filed by the applicants against the summoning order has been
dismissed while affirming the order of the trial court.

3. On perusal of the record, the Court finds that the application under
Section 156(3)Cr.P.C. moved on behalf of the opposite party No. 2 was
treated as complaint case and thereafter after recording of statements
under Sections 200 & 202 Cr.P.C., the applicants have been summoned
by the trial court vide its impugned summoning order, which was
challenged by the applicants by filing criminal revision, which too was
rejected by the court of Sessions while affirming the summoning order.
Thus, there appears no illegality, impropriety or infirmity in both the
impugned orders and same have been passed in correct perspective.

4. This Court in exercise of its power under Section 528 BNSS is not
required to assess the correctness of the allegations and reliability of
evidence. Thus, the prayer for quashing is refused.

5. The present application stands disposed of with the direction that in
case applicants appear before the court concerned and apply for bail
                                                                                       NA528 No. 15948 of 2026
                                                                 2


                                    within 15 days from today, the same shall be decided by the court
                                    concerned in accordance with law in view of the guidelines of Apex Court
                                    in the case of Satendra Kumar Antil Vs. Central Bureau of
                                    Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of
                                    2021, decided on 07.10.2021).

                                    6. For a period of aforesaid 15 days no coercive action shall be taken
                                    against the applicants.


                                                                               (Dr. Gautam Chowdhary,J.)
                                    May 5, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad